IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Krishan Kumar – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The present appeal is directed against the judgment dated 25.03.2013, passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of INDIAN PENAL CODE (in short ‘IPC’). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the Police filed a challan against the accused. for the commission of an offence punishable under Section 302 of IPC. It was asserted that Paras Ram (since deceased) was walking on the passage located in the backyard of his house on 10.02.2012 at about 6:00 pm. The accused was armed with a stick (Ext. P1) and he was hurling abuses. Inform ant Thakri Devi (PW1) and Shareshta Devi (PW2) went to the spot on hearing the abuses. They saw the accused Krishan Kumar beating Paras Ram with a stick. They rescued Paras Ram from the accused Krishan Kumar. Paras Ram had sustained injuries on his head and arms
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